How to File Form I-140

1. The U.S. employer determines if the employee is eligible for an employment-based visa.

Form I-140 can be used by an employer to file an immigration petition on behalf of a non-American employee. The application must show that the prospective employee is eligible for an employment-based visa based on their work experience or level of skill in their field. The employer may also file the petition on behalf of an unskilled worker, to perform labor for which it is extremely difficult to find workers in the U.S.

2. The employer acquires a labor certification, if necessary.

For certain labor classifications, the employer has to get a certificate from the Department of Labor (DOL) stating that the employer tested labor market in the geographic area where the permanent job offer is located to establish that there are no able, qualified and available U.S. workers who are willing to accept the permanent job offer. It should also show that the employment of the foreign-national will not adversely affect the wages and working conditions of similarly employed U.S. workers.

3. The employer completes Form I-140 and attaches it along with the filing fee of $580 and any other necessary documents.

4. The employer then sends the application package to the filing address specified on the form.

The filing address depends on whether the Form I-140 is filed by itself or with another form, and also whether the applicant would like to file for regular processing or premium processing.